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Florida Statute 938.03 | Lawyer Caselaw & Research
F.S. 938.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.03

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.03
938.03 Crimes Compensation Trust Fund.
(1) Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, shall pay as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld shall also be assessed such cost.
(2) These costs shall not be waived by the court.
(3) In the event that the individual has been ordered to pay restitution in accordance with s. 775.089, costs referenced in this section shall be included in a judgment.
(4) The clerk of the court shall collect and forward $49 of each $50 collected to the Department of Revenue, to be deposited in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $50 collected as an additional cost by the clerk’s office.
History.s. 1, ch. 77-452; s. 311, ch. 79-400; s. 15, ch. 80-146; s. 1, ch. 82-222; s. 3, ch. 83-319; s. 7, ch. 85-250; s. 7, ch. 85-326; s. 13, ch. 92-107; s. 23, ch. 92-287; s. 14, ch. 94-342; s. 4, ch. 97-271; s. 20, ch. 2001-122; s. 123, ch. 2003-402.
Note.Former s. 960.20.

F.S. 938.03 on Google Scholar

F.S. 938.03 on Casetext

Amendments to 938.03


Arrestable Offenses / Crimes under Fla. Stat. 938.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . investigation; ..... pay $.........., the Victim's Crimes Compensation Trust Fund fee, under section 938.03 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . The defendant is hereby ordered to pay the following sums if checked : ___ $50.00 pursuant to section 938.03 . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

. . . See, e.g., § 938.03(1), Fla. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . FEES The defendant is hereby ordered to pay the following sums if checked: _$50.00 pursuant to section 938.03 . . .

STRICKLAND, v. STATE, 135 So. 3d 348 (Fla. Dist. Ct. App. 2013)

. . . cites a non-existent statute, section 938.93, Florida Statutes, which should be changed to “section 938.03 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . Florida Statutes. . pay $.the Victim's Crime Compensation Trust Fund fee, under section 938.03, Florida . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . The child must: . pay $.the Crime Compensation Trust Fund fee, under section 938.03. . . . amendments, the Committee referred to the "Victim’s Crime Compensation Trust Fund,” but under section 938.03 . . .

DE LA FUENTE, v. STATE, 58 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . The correct statutory authorities are as follows: 1) Section 938.03, Florida Statutes (2007), Crimes . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . The defendant is hereby ordered to pay the following sums if checked: _ $50.00 pursuant to section 938.03 . . .

T. D. S. v. STATE, 45 So. 3d 18 (Fla. Dist. Ct. App. 2010)

. . . juvenile cases is based on the mandatory cost for the Criminal Compensation Trust Fund under section 938.03 . . .

J. C. a v. STATE, 32 So. 3d 196 (Fla. Dist. Ct. App. 2010)

. . . imposed on J.C. the $50 statutorily-mandated cost for the Crimes Compensation Trust Fund under section 938.03 . . .

E. A. D. a v. STATE, 1 So. 3d 405 (Fla. Dist. Ct. App. 2009)

. . . requires that E.A.D. pay $115 in court costs “pursuant to F.S. 775.083(2) Crime Prevention Fund and F.S. 938.03 . . . a defendant ... is ... adjudicated delinquent for ... a felony” and another $50 pursuant to section 938.03 . . .

J. W. J. a v. STATE, 994 So. 2d 1223 (Fla. Dist. Ct. App. 2008)

. . . Another $50.00 is authorized by section 938.03(1), Florida Statutes (2007), which expressly includes . . .

C. S. v. STATE, 985 So. 2d 706 (Fla. Dist. Ct. App. 2008)

. . . mandatory court costs in 938.01, which is the clearing trust fund, $3, crimes compensation trust fund of 938.03 . . . C.S. also argues that the trial judge originally imposed the $50 surcharge pursuant to section 938.03 . . . Section 938.03 makes this $50 cost mandatory for any adjudication of delinquency, providing that “[tjhese . . . costs shall not be waived by the court.” § 938.03(2). . . . Accordingly, we affirm the adjudication of delinquency as well as the $50 cost imposed pursuant to section 938.03 . . .

T. L. S. a v. STATE, 949 So. 2d 290 (Fla. Dist. Ct. App. 2007)

. . . Parenthetically, we note that, based on a reading of section 938.03, which imposes a $50 cost regardless . . . to make provision for imposition of costs in juvenile proceedings in the absence of adjudication. § 938.03 . . .

V. K. E. v. STATE, 934 So. 2d 1276 (Fla. 2006)

. . . Unlike the $50 in costs for the Crimes Compensation Trust Fund authorized by section 938.03(1), Florida . . . The costs in section 938.03(1) apply to “[ajny person pleading guilty or nolo contendere to, or being . . . language in these provisions; set against the more complete expression of legislative intent in section 938.03 . . . The use of language explicitly encompassing juvenile delinquents in section 938.03(1) and the absence . . . benefit the Additional Cost Clearing Trust Fund), section 938.01 imposes a $3.00 court cost and section 938.03 . . . including delinquents, based on the express language used in the statute, section 960.20(1) [renumbered 938.03 . . . State, 633 So.2d 108 (Fla. 2d DCA 1994), noted that section 985.221, a statute passed prior to section 938.03 . . . However, the courts held that the older statute had been partially overturned by section 938.03 because . . . In particular, the majority relies on Judge Sharp’s discussion of section 938.03, Florida Statutes (2003 . . . Section 938.03 states in relevant part: Crimes Compensation Trust Fund.— (1) Any person pleading guilty . . . One cannot infer from the Legislature’s explicit application of section 938.03 to juvenile proceedings . . . Section 938.03 applies to certain specified areas: “any felony, misdemeanor, delinquent act, or criminal . . . As ■ the argument goes, because section 938.03 refers to juveniles and sections 938.08 and 938.085 do . . .

E. J. v. STATE, 912 So. 2d 382 (Fla. Dist. Ct. App. 2005)

. . . exceed one year and imposed the following costs as a condition of probation: $50 pursuant to section 938.03 . . . that because sections 938.17 and 938.19 did not expressly apply to juvenile cases, as does section 938.03 . . .

STATE v. J. C. J. G. E. G. T. N. C. C., 916 So. 2d 847 (Fla. Dist. Ct. App. 2005)

. . . The trial court refused to assess the surcharges because, in contrast to section 938.03, Florida Statutes . . . Section 938.03 provides: (1) Any person pleading guilty or nolo contendere to, or being convicted of . . .

V. K. E. a v. STATE, 902 So. 2d 343 (Fla. Dist. Ct. App. 2005)

. . . benefit the Additional Cost Clearing Trust Fund), section 938.01 imposes a $3.00 court cost and section 938.03 . . . including delinquents, based on the express language used in the statute, section 960.20(1) [renumbered 938.03 . . . State, 633 So.2d 108 (Fla. 2d DCA 1994), noted that section 985.221, a statute passed prior to section 938.03 . . . However, the courts held that the older statute had been partially overturned by section 938.03 because . . .

S. S. M. a v. STATE, 898 So. 2d 84 (Fla. Dist. Ct. App. 2004)

. . . Statutes (2004), the statute in question here, with another provision in the same chapter, section 938.03 . . . Section 938.03(1) mandates the imposition of a Crimes Compensation Trust Fund fee on “any person ... . . . adjudicated delinquent.” § 938.03(1), Fla. . . . S.S.M. reasons that because section 938.03 specifically included juvenile offenders, it was found to . . .

STATE v. J. M. a, 824 So. 2d 105 (Fla. 2002)

. . . two or more times of any violation of this section commits a felony of the third degree .... ”); § 938.03 . . .

S. C. a v. PETERSON, St., 718 So. 2d 220 (Fla. Dist. Ct. App. 1998)

. . . “[cjommit the child to the Department of Juvenile Justice at a restrictiveness level defined in s. 938.03 . . . Section 938.03(45) sets forth the five restrietiveness levels “of custody provided by programs that service . . .

SHEFFIELD, v. STATE, 651 So. 2d 160 (Fla. Dist. Ct. App. 1995)

. . . arose due to the disparity between the form for orders of probation in the criminal rules and section 938.03 . . .